Popular passages

Page 191 - ... of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.

Page 191 - We do not see how a better test can be applied to the question, whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.

Page 64 - SEC. 131. All promises, notes, bills, bonds, covenants, contracts, agreements, Judgments, mortgages, or other securities or conveyances made, given, granted, drawn or entered into, or executed by any person whatsoever, where the whole or any part of the consideration...

Page 159 - ... he interferes with some right created either by law or contract ; and as a branch of that law, the owner of the minerals has a right to take away the whole of the minerals in his land, for such is the natural course of user of minerals ; and that a servitude to prevent such an user must be founded on something more than mere neighbourhood ". I pause to say that in the present case the complaint is, in my opinion, founded on mere neighbourhood.

Page 193 - The goodwill of a trade is a subject of value and price. It may be sold, bequeathed, or become assets in the hands of the personal representative of a trader. And if the restriction as to time is to be held to be illegal, if extended beyond the period of the party by himself carrying on the trade, the value of such goodwill, considered in those various points of view, is altogether destroyed.

Page 106 - ... completion of the bargain, provided there has been no default, the heir of the vendor may be compelled to convey, and the proceeds of the land will go to the executors as personal property." The rule is uniform, we think, that, where a valid and binding contract of sale of land has been entered into, such as a court of equity will specifically enforce against an unwilling purchaser the contract operates as a conversion. Keep et al. v. Miller, 42 NJ Eq.

Page 178 - The defendants, treating them as the owners or occupiers of the close on which the reservoir was constructed, might lawfully have used that close for any purpose for which it might, in the ordinary course of the enjoyment of land, be used ; and if in what I may term the natural user...

Page 175 - ... conducts water into his neighbor's mine, which would not otherwise go there, or causes water to go there at different times, and in larger quantities, than it would naturally go there, he is answerable for the damages.

Page 184 - The legislature shall not pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made.